Eckert Seamans Cherin & Mellott, LLC

1717 Pennsylvania Avenue, N.W.

12 th Floor

Washington, D.C. 20006 TEL : 202 659 6600

FAX : 202 659 6699

Evelyn D. Sahr

202 6595 6622

esahr@eckertseamans.com

July 28, 2015

VIA ELECTRONIC DOCKET

AND HAND DELIVERY

Federal Aviation Administration

Office of the Chief Counsel RENEWAL OF EXEMPTION

800 Independence Avenue, SW IMMEDIATE ACTION REQUESTED

Washington, D.C. 20591

Attention: Rules Docket (AGC

- 10)

- Exemption 8099

-

Regulatory Docket No. FAA

- 2003

- 15446

Dear Sir or Madam:

JetBlue Airways Corporation (JetBlue), a Part 121 air carrier, petitions the Administrator pursuant

to Federal Aviation Regulation (FAR) § 11.63 1 for a renewal of the referenced exemption from

FAR § 121.434 that was first issued on July 22, 200 3 ( Exemption) . Renewal of the E xemption

will allow JetBlue to continue to permit an appropriately qualified and FAA

- authorized check

airman to observe (and, when necessary, substitute for the observation by an FAA inspector) a

qualifying pilot in command (PIC) who is completing initial training as specified in FAR

§ 121.424. The fifth renewal of the Exemption expires, unless renewed, on July 31, 2015

.

Sections of the FAR at Issue :

The applicable Federal Aviation Regulation concerning “ Operating Experience, Operating Cycles,

and Consol idation of Knowledge and Skills,” states :

In addition, if a qualifying pilot in command is completing initial or upgrade

training specified in § 121.424, be observed in the performance of prescribed duties

by an FA A inspector during at least one flight leg which includes a takeoff and a

landing.

14 C.F.R. § 121.434(c)(1)(ii).

1 To the extent necessary, JetBlue respectfully requests a waiver of the 120

- day advance filing requirement specified

in 14 C.F.R. 11.63(d).Federal Aviation Administration

July 28, 2015

Page 2

Prior Exemption s :

Via letter dated July 2 2 , 2003, the Acting Director of the Federal Aviation Administration’s Flight

Standards Service gra nted JetBlue the Exemption so as to permit JetBlue to substitute a qualified

and authorized check airman or aircrew program designee for an FAA inspector in order to observe

a qualified PIC who is copiloting initial or upgrade training specified in § 121.4 2 4 during at least

one flight leg that includes a takeoff and a landing. The E xemption has been renewed on five

separate occasions, by letters dated May 4, 2005, April 9, 2007, July 30, 2009, April 12, 2011 , and

April 19, 2013. We have attached each of t hese renewals for your review as Exhibits 1

- 5

, respectively

.

Discussion :

Section 121.434(c)(1) (ii) was originally promulgated to certify the training a pilot received i n a flight simulator. Since the rule’s inception

, improvements in technology have provided the

aviation industry with decades of experience in flight simulation . Domestic air carriers like

JetBlue have successfully trained thousands of pilots using highly sophisticated flight simulat ion

equipment which has, in turn made the current rule relatively obsolete.

Notwithstanding the above, the FAA has the authority to observe any pilot at any time , and

frequently exercises this authority. These observations, however, are typically c onduct ed on a

schedule set by the FAA, wi thout the burden of having to observe a particular pilot on specific

flights necessitated by the airline’s training and service schedule. Renewal of this Exemption will

remove this burden from FAA’s busy inspectors and allow the Administrat ion to address higher

priority safety concerns.

It negatively impacts a carrier’s operations when it must wait to qualify a PIC for line operations

until the FAA can observe the qualifying PIC. By allowing a company check airman , who is

highly qualified on the aircraft at issue , and approved by the FAA for that duty, to complete the

observation, the FAA can ensure a greater leve l of scrutiny and thoroughness is provided for the

qualifying PIC.

Public Interest :

Renewing the E xemption is in the public in terest and would:

 Be wholly consistent w ith previous E xemptions granted in similar circumstances and the

renewals already granted to JetBlue;

 Allow the FAA greater flexibility and better use of its inspector force by focusing on higher

priority safety fu nctions;Federal Aviation Administration

July 28, 2015

Page 3

 Allow the use of qualified pilots immediately after completing operating experience;

 Allow significantly increased use of qualified pilots and improve JetBlue’s ability to

provide dependable, on

- time air service to the public;

 Reduce the unnece ssary cost of wages and lost productivity for those qualified pilots

awaiting FAA observation; and

 Allow the traveling public access to JetBlue’s new low cost service at a pace consistent

with the delivery of its new A

- 320 and E

- 190 aircraft; allow full u tilization of the aircraft

fleet by insuring adequate qualified pilots; allow increased service to heretofore

underserved markets.

Safety Will Not Be Impacted :

 The authorized check airman will be highly trained and experienced with the particular

aircraft type and will be approved by the FAA;

 The check airman will only be used to fulfill 121.434(c)(1)(ii) when a qualified FAA

inspector is not available; and

 The FAA maintains the authority to observe any pilot any time during line observations.

R equest for Waiver of Publication in Federal Register :

For good cause shown, JetBlue respectfully requests the Administration take immediate action on

this request and renew the Exemption for a period of two (2) years. The grant of this E xem ption

is consistent with prior e xemptions and provides an equivalent level of safety. JetBlue , which

operates out of New York’s John F. Kennedy International Airport, has an immediate and ongoing

need f or qualified pilots to operate the aircraft in its fleet with the frequency called for in it s

business plan, without encountering delays occasioned by the understandable unavailability of

FAA personnel . Streamlined and efficient operations of this nature are essential to JetBlue’s

economic well

- being and ability to serve the travelling public.

In addition, pursuant to FAR 11.87 JetBlue requests that publication of this exemption request in

the Federal Register be waived because the grant of this exemption would not set any new

precedent . The reason for and conditi ons proposed herein are identical to prior exemptions granted

by the Administration, and similar petitions have been published in Federal Register with no

comment s received.Federal Aviation Administration

July 28, 2015

Page 4

If publication is required, pursuant to FAR 11.81(f), a summary of this petition is set forth

immediately below:

SUMMARY

JetBlue Airways Corporation Petition for an Exemption to FAR 121.434(c)(1)(ii).

“JetBlue Airways Corporation petitions for the renewal of an exemption from

Section 121.434(c)(1)(ii) to permit JetBlue to substitute a qualified and authorized

check airman or aircrew program designee for a FAA inspector to observe a

qualified pilot in co mmand who is completing initial or upgrade training specified

in specified in FAR 121.424 during at least one flight leg that includes a takeoff

and a landing.”

We appreciate your consideration of this request and respectfully request the Administrator ac t

promptly in granting the subject renewal so as to not impact JetBlue’s operations.

If you have any questions or require further information, please feel free to contact us.

Respectfully submitted,

Evelyn D. Sahr

Drew M. D erco

Eckert Seamans Cherin & Mellott, LLC

July 28, 2015 Counsel for JetBlue Airways Corporation

Enclosures

cc: Brandon Nelson

Robert Land